HomeMy WebLinkAbout04-09-18 City Commission Packet Materials - A3. Park Place Growth Policy AmendmentPage 1 of 13
18-055, Staff Report for the Park Place Growth Policy Amendment (GPA).
Public Hearing Dates: GPA - Planning Board Meeting (Public Hearing): March 20, 2018 at 7:00pm in the City
Commission room, City Hall, 121 North Rouse. GPA - City Commission Meeting (Public Hearing): April 9, 2018 at 6:00pm in the City
Commission room, City Hall, 121 North Rouse.
Project Description: A growth policy amendment to revise the future land use map from
Present Rural to Industrial on 69.263 acres.
Project Location: The property is located at the northwest corner of the intersection of Nelson Road and US Highway 10. The property consists of three parcels of land legally described as Tracts 1C and 1D of Certificate of Survey No. 1372B, located in the SE1/4 of S22, T1S, R5E, and the NE1/4 NE1/4; and the E1/2, E1/2, W1/2, NE1/4 of S27, T1S, R5E, Principal Meridian, Gallatin County, Montana.
Planning Board Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 18-055 with contingencies and subject to all applicable code provisions.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby move to adopt the
findings presented in the staff report and to approve the growth policy amendment with
contingencies and subject to all applicable code provisions.
Report Date: Updated March 27, 2018
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action- Legislative
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 2 of 13
EXECUTIVE SUMMARY
Unresolved Issues None
Project Summary The applicant, Barnard Investments, LLC, requests to amend the Bozeman Community Plan (Growth Policy) land use designation from Present Rural to Industrial on three contiguous properties totaling roughly 69 acres. The property has historically been used for agriculture. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject property is vacant. Adjacent land uses include agriculture and mini-storage to the north and agriculture to the east, a Montana Department of Transportation (MDT) yard also to the east, the Interstate 90 Frontage Road and Interstate 90 to the south, and a cemetery to the west. Also located nearby are the City of Bozeman wastewater treatment facility, a railroad, storage units and scattered residences. An 8-inch municipal water line is located to the southeast of the property adjacent to the MDT facility. A sewer lift station that has been identified in the City of Bozeman’s 2017 - 2021 Capital Improvements Program is proposed to be constructed on the property. Directly to the east of the property is Nelson Road, which is shown on the City’s transportation plan as a collector road. Located across the I-90 Frontage Road is an underpass that provides access to E. Valley Center Road and the City of Bozeman. West Catron Creek, a tributary of the East Gallatin River, runs northward through the property. The Planning Board held a public hearing to consider this GPA at its March 20, 2018 meeting. At the conclusion of the hearing, the Board voted unanimously (7-0) to recommend adoption of the GPA. Submitted along with this growth policy amendment request is a request for annexation and zoning, which will move forward if this request is approved.
Planning Board On March 20 following a public hearing, the Planning Board unanimously adopted the recommended motion recommending approval of the application. Several Planning Board
members expressed support for the motion by citing the need for industrial land that will
provide employment opportunities near existing residential areas, on city services, and near
major transportation corridors. The consensus of the board was that an industrial designation
was most appropriate. There was discussion on the impact on farmland as the soils on the
property are classified as prime farmland. The video of the meeting is available at
https://media.avcaptureall.com/session.html?sessionid=db0a0e68-1e3b-4c84-ba7f-
8101d3358c91&prefilter=654,3835.
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 3 of 13
Alternatives 1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on the Planning Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................. 2 Project Summary ............................................................................................................... 2
Planning Board.................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 11
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 13
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 13
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 13
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 4 of 13
SECTION 1 - MAP SERIES
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Larger view Future Land Use map, Bozeman Community Plan
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL If the City Commission approves the application the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment.
Recommended Conditions of Approval:
1. The applicant shall submit, within forty-five (45) days of approval by the City Commission,
an 8½- x 11-inch or 8½- x 14-inch exhibit titled “2018 Park Place Growth Policy
Amendment” to the Department of Community Development containing an accurate
description of the property for which the growth policy designation is being amended. The
exhibit must be acceptable to the Department of Community Development.
2. The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the preparation
of the resolution to officially amend the Future Land Use Map of the Bozeman Community
Plan.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a growth policy map amendment, the Staff recommends approval with contingencies for the application as submitted. The Development Review Committee (DRC) considered the amendment on February 21, 2018. DRC comments included identification of nearby land uses (MDT yard, wastewater treatment facility, storage units, etc.), procedures (growth policy amendment, then zoning and annexation, then subdivision), and the Present Rural discussion in the growth policy. The Planning Board held a public hearing on March 20, 2018 and made a unanimous (7–0) recommendation to the City Commission in support of the growth policy map amendment. The City Commission will hold a public hearing on the growth policy map amendment on April 9, 2018. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 4 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review.
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 8 of 13 In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof, that the application should be approved, lies with the applicant. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1-4 of Section 17.4, Bozeman Community Plan Amendment procedures. In making these findings, they may identify that there are some negative elements within a specific criteria with the final balance being a positive outcome for approval.
Section 17.4, Bozeman Community Plan Amendment Criteria.
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general
community; Staff first reviewed the proposal for its ability to cure a deficiency. The term “deficiency” is not defined in the growth policy. The Merriam-Webster dictionary defines it as: “a lack of something that is needed; the state of not having enough of something necessary: a problem in the way something is made or formed.” The City is currently in the early stages of updating the 2009 growth policy. To understand how the community is changing and to make projections for population growth, housing needs, land use designations and other items, the City commissioned a study titled
Demographic and Real Estate Market Assessment by Economic & Planning Systems, Inc. (EPS). The EPS study projects needs for different land uses from 2017 to 2045. It indicates that while approximately 5,100 jobs are likely to be added over that period in industrial-type fields like manufacturing, wholesale trade, transportation and warehousing, only about 113 acres are expected to be needed within the City to accommodate the projected growth.1 The study also indicates the City already has approximately 141 acres broadly designated as industrial, with about 39 of those acres having access to municipal services. Based on this study, it is not clear that changing the growth policy designation on the subject properties from Present Rural to Industrial will cure a deficiency. However, staff also reviewed the application to determine whether the proposal would result in an improved growth policy which better responds to the needs of the general community. The property is bordered by a cemetery, a MDT yard, and a highway, with the City’s wastewater treatment plant and a mini-storage business located nearby. Municipal water appears to be available, municipal sewer is planned, and the property has access to a
1 The EPS study notes the City of Bozeman has historically only captured about 10% of industrial growth in
Gallatin County, with the remaining 90% locating elsewhere. Providing additional industrial lands with access to municipal services and transportation infrastructure could shift some future industrial land uses to the City.
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 9 of 13 designated future collector road that provides easy access into Bozeman proper and leads to I-90. Based on these factors, Staff finds the proposed modification improves the growth policy to better respond to the needs of the general community by addressing real-world, site specific opportunities and constraints.
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and
objectives. Growth policy goals and objectives cover a wide range of subjects. Few (if any) map amendments will comply with all of them. Several goals and objectives support this proposal, including:
• Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses necessary to support a vigorous city.
• Objective LU-4.10: Encourage development throughout Gallatin County to occur within existing municipalities and support the local ability to address and manage change and growth.
• Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center.
• Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e-businesses.
• Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development. Some of the goals and objectives do not support this proposal, including:
• Objective RA-1.1: Changes from Suburban Residential and Present Rural should occur with the regular five year review period revisions rather than individual amendments unless an extremely compelling case can be made for significant public benefit from the amendment. Other categories can be the subject of an amendment in connection with any Commission selected schedule.
• Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. This growth policy amendment does create some inconsistencies among goals and objectives. However, Chapter 17, Review and Amendment, highlights the need for balance, stating, “A growth policy must balance consistency and responsiveness to the needs of the community. If the policy is not consistent, it will have little value as a planning tool, nor provide an adequate basis for implementation actions, nor have the confidence of the community. If the policy is not responsive, policies and actions are continued that are no
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 10 of 13 longer addressing community needs, frustration within the community is caused, and correct guidance for future actions isn’t provided.” With this in mind, the site-specific circumstances including the surrounding land uses, proximity to major transportation infrastructure, and provision of municipal services, as well as the additional economic development potential that is supported by several goals and objectives, provide a sufficiently compelling case for changing the Present Rural designation to Industrial. The growth policy provides three paths for changing land uses designated as Present Rural, with the City’s preferred path being, “Remain as currently utilized, until annexed and municipal services are available to support a Residential or other urban land use category development.” Annexation and extension of municipal services is proposed in this case, with the first step being a growth policy amendment. The amendment therefore is consistent with intent of the growth policy as it applies to development of lands designated as Present Rural.
3. The proposed amendment must be consistent with the overall intent of the
growth policy. As described in Chapter 1, Addressing Growth and Change, the overall intent of the growth policy is to look forward, ensuring that as change occurs the things that the community values most remain and thrive. The proposed growth policy amendment seems to do just that by designating land for employment generating industrial-type development that is surrounded by compatible land uses, located along suitable transportation routes, and served by public facilities. If the applicant’s annexation request is approved, the site will provide employment opportunities within the City as opposed to elsewhere in Gallatin County, thereby reducing sprawl that might otherwise occur. Future development is not expected to compromise any of the community’s best aspects or values, particularly with the controls in place (zoning, subdivision review, utility extension requirements) to manage land use change.
4. The proposed amendment will not adversely affect the community as a whole
or significant portion by: a) Significantly altering land use patterns and principles in a manner contrary to
those established by this plan, The requested amendment will make minor alterations to land use patterns and principles. b) Requiring unmitigated larger or more expensive improvements to streets, water,
sewer, or other public facilities or services, thereby impacting development of
other lands, The area can efficiently be served by existing and planned streets, water, sewer and other public facilities. No negative impacts to other lands or the community as a
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 11 of 13 whole are anticipated. The City Commission has adopted a capital improvement plan which includes expansion of sewer services to this area as part of the larger development of the community. The area is within the planned service area for municipal utilities.
c) Adversely impact existing uses because of unmitigated greater than anticipated
impacts on facilities and services, No extraordinary impacts have been identified at this time. Additional review would occur during site development and mitigation of impact will be required. At time of proposed development an evaluation of the impacts of the development will occur. As required by municipal code, necessary mitigation of impacts will be required.
d) Negatively affect the livability of the area or the health and safety of the
residents. Designation of this site as Industrial seems compatible with surrounding land uses and so should not negatively affect the livability of the area or the health and safety of residents.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The majority of the property is zoned by Gallatin County as Agriculture Suburban. The western quarter of the property is not zoned. The property to the north is not zoned. The Applicant is proposing to change the zoning of this property to M-1 (Light Manufacturing). This request will be reviewed if the commission approves the GPA. The property has historically been used for agriculture.
Adopted Growth Policy Designation: The following designations are applicable to this application.
Existing – Present Rural. The growth policy states, “This category designates areas where development is considered to be generally inappropriate over the 20 year term of the Bozeman Community plan, either because of natural features, negative impacts on the desired development pattern, or significant difficulty in providing urban services…Development within the Present Rural area would be generally disruptive to the desired compact urban land use pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City will expand outward into areas previously designated as present rural.” The growth policy provides three paths for changing land uses designated as Present Rural, with the City’s preferred path being, “Remain as currently utilized, until annexed and municipal services are available to support a Residential or other urban land
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 12 of 13 use category development.” Annexation and extension of municipal services is proposed in this case, with the first step being a growth policy amendment.
Proposed – Industrial. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.
Future Land Use Map. This map is a synthesis of many different ideas, public input, existing conditions, and existing and desired land use patterns for the future. The map is the visual representation of the land use patterns and ideas discussed in this chapter, and elsewhere throughout this document. The map shows in a very broad manner acceptable uses and locations throughout the community. It does not represent a commitment by the City to approve every development proposed within each category. Neither does a designation indicate that a property is free from constraints to development. The map and other elements of this plan must be weighed and evaluated in conjunction with the specific details of a proposed project which are beyond the scope of this plan but will be addressed through the implementation tools discussed in Chapter 16 and Appendix I. The provisions of any intergovernmental agreement between the City and County regarding land use will influence the final development pattern with the defined planning area. This plan looks at a twenty-year horizon as well as the current situation, so it is to be expected that some areas which are not in conformance with the plan will be identified. This plan recognizes the presence of these uses without specifically mapping or otherwise identifying them. It is desired that these anomalies be resolved over the term of this plan so that the land use pattern identified herein may be completed.
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18-055, Staff Report for the Park Place Growth Policy Amendment. Page 13 of 13
APPENDIX B - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description A growth policy amendment proposal to revise the future land use map from Present Rural to Industrial on 69.263 acres plus adjacent public rights-of-way.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the public hearings before the Planning Board and City Commission was given by first
class US mail to all property owners within 200 feet of the site. The site was posted with a copy
of the notice. The notice was also published in the Bozeman Daily Chronicle at least 15 days and
not more than 45 days prior to the public hearings.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Michael A. McGinley, Vicki Ann McGinley, Brett Michael McGinley, and Irrevocable Trust Number 400 dated January 9, 2009 Lucille W. Peter Trustee and Frederick H. Peter, Trustee.
Applicant: Barnard Investments, LLC, Kent Merselis, Director of Development, 701 Gold Ave., Bozeman, MT 59715
Representative: Morrison Maierle, Inc., Matt Ekstrom, PE, 2880 Tech Blvd, Bozeman, MT 59718
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment.
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials Public Comment to date
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PROPERTY OWNERS -ADJOINER NOT CONTIGUOUS
Adjacent to proposal site and across watercourses, roads*, etc. w·th' 200 f t f I ·t I in ee o proposa s1 e.
Property Owner's Legal Description of Property Name
S26, T01 S, R05 E, C.O.S. 473F, ACRES 12.0019, TRACT MT Dept. of Transportation MDT
S22, T01 S, R05 E, C.O.S. 2188C, PARCEL TRACT 2 Helen E. Kent
S26, T01 S, R05 E, C.O.S. 473F, ACRES 30.0122, TRACT City of Bozeman COB
Mailing Address of Property Owner from
Montana Dept. of Revenue
PO Box 201001
Helena, MT 59620-1001
8 Gallatin Dr., Apt D Bozeman, MT 59718-1504
PO Box 1230
Bozeman, MT 59771-1230
N:\2286\006\Design Docs\Agency Submittal\ZMA & Annexation\Adjoiners List_NOT Contiguous.docx
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From:Chris Mehl
To:Chris Saunders
Subject:FW: question for tonight"s meeting
Date:Tuesday, March 20, 2018 10:27:42 PM
Chris Mehl
Bozeman Deputy Mayor
cmehl@bozeman.net
406.581.4992
________________________________________
From: Jennifer Madgic [jmadgic@gmail.com]
Sent: Tuesday, March 20, 2018 9:03 PM
To: Chris Mehl
Subject: Fwd: question for tonight's meeting
Please make sure this is part of the city commission’s record.
tks,
Jen
Begin forwarded message:
From: Chris Saunders <csaunders@BOZEMAN.NET<mailto:csaunders@BOZEMAN.NET>>
Subject: RE: question for tonight's meeting
Date: March 20, 2018 at 2:01:58 PM MDT
To: 'Jennifer Madgic' <jmadgic@gmail.com<mailto:jmadgic@gmail.com>>
It is prime farmland as classed by NRCS, Blacksilt Loam.
Chris S
From: Jennifer Madgic [mailto:jmadgic@gmail.com]
Sent: Tuesday, March 20, 2018 9:54 AM
To: Chris Saunders <csaunders@BOZEMAN.NET<mailto:csaunders@BOZEMAN.NET>>
Cc: Chris Mehl <CMehl@BOZEMAN.NET<mailto:CMehl@BOZEMAN.NET>>
Subject: question for tonight's meeting
Good morning Chris,
I’m curious to know soil characteristics of this property, particularly if it is considered prime agricultural land?
Many thanks,
Jen Madgic
Begin forwarded message:
From: Lacie Kloosterhof <LKloosterhof@BOZEMAN.NET<mailto:LKloosterhof@BOZEMAN.NET>>
Subject: Planning Board Agenda & Materials for 3.20.18
Date: March 16, 2018 at 11:59:33 AM MDT
To: Agenda <agenda@BOZEMAN.NET<mailto:agenda@BOZEMAN.NET>>, Chris Mehl
<CMehl@BOZEMAN.NET<mailto:CMehl@BOZEMAN.NET>>, "'cob@espt.com<mailto:cob@espt.com>'"
<'cob@espt.com<mailto:cob@espt.com>'>, George Thompson
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<gthompson.bozmt@gmail.com<mailto:gthompson.bozmt@gmail.com>>, Henry Happel
<hap@happels.org<mailto:hap@happels.org>>, Jennifer Madgic
<jmadgic@gmail.com<mailto:jmadgic@gmail.com>>, John Lavey
<john@communitybuilders.org<mailto:john@communitybuilders.org>>, Jordan Zignego
<jzignego@gmail.com<mailto:jzignego@gmail.com>>, Lauren Waterton
<lauren.waterton@gmail.com<mailto:lauren.waterton@gmail.com>>,
"'paul_spitler@yahoo.com<mailto:paul_spitler@yahoo.com>'"
<'paul_spitler@yahoo.com<mailto:paul_spitler@yahoo.com>'>, Tom Rogers
<TRogers@BOZEMAN.NET<mailto:TRogers@BOZEMAN.NET>>
Cc: Chris Saunders <csaunders@BOZEMAN.NET<mailto:csaunders@BOZEMAN.NET>>
Good Afternoon Planning Board Members,
Please see attached and below for the agenda and materials for the upcoming Planning Board meeting to be held at 7pm in the City Hall Commission Room on March 20th, 2018.Minutes for Approval:• 02-20-18 (PDF)<http://weblink.bozeman.net/WebLink8/0/doc/153105/Electronic.aspx>
o Video<https://media.avcaptureall.com/session.html?sessionid=90ecc7c9-c39f-4760-b489-93f32d3da809&prefilter=654,3835> (click ‘Minutes’ tab for minutes w/ time stamp links)
Action Items1. Application 18055: Park Place 2018 Growth Policy Amendment (Saunders)Proposal to change approximately 65 acres from Present Rural to Industrial on Figure 3-1, Future Land Use map, ofthe Bozeman Community Plan. Located northwest of the intersection of Nelson Road and US Highway 10.• Application materials<http://weblink.bozeman.net/WebLink8/0/doc/153107/Electronic.aspx>
• Staff report<http://weblink.bozeman.net/WebLink8/0/doc/153106/Electronic.aspx>
Don’t hesitate to reach out with any questions or concerns.
Thank you & have a great weekend!
Lacie KloosterhofAdministrative Assistant II | Planning DivisionCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2260 | E: lkloosterhof@bozeman.net<mailto:lkloosterhof@bozeman.net> | W:
www.bozeman.net<http://www.bozeman.net/>
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) andmay be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, itssender and receiver, and the contents may be available for public disclosure and will be retained pursuant to theCity’s record retention policies. Emails that contain confidential information such as information related toindividual privacy may be protected from disclosure under law.
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) andmay be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, itssender and receiver, and the contents may be available for public disclosure and will be retained pursuant to theCity’s record retention policies. Emails that contain confidential information such as information related toindividual privacy may be protected from disclosure under law.
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